Escobar v. Montoya

OPINION

WOOD, Judge.

Plaintiff’s complaint for personal injuries was dismissed under § 21-1-1(41) (e) (1), N.M.S.A.1953, as that rule was worded prior to its amendment in 1967. For the applicable wording of the rule see Jones v. Pringle, 78 N.M. 467, 432 P.2d 823 (1967). Dismissal was on the basis that plaintiff had failed to take any action to bring the cause to its final determination for a period of at least two years after the filing of the cause. Plaintiff’s appeal contends the dismissal was erroneous because “for good reason” and “for causes beyond her control” plaintiff was unable to…